Terms and Conditions

1. General:

The following terms and conditions form the basis of every transaction. They shall also become part of the contract if the purchaser uses terms and conditions that differ from these. Any deviating agreements shall generally only be effective if expressly confirmed by us in writing.

2. Offers:

2.1. Our offers are always non-binding. Drawings, illustrations, dimensions, weight specifications, etc. relating to the offer are approximate only, unless expressly agreed otherwise. We reserve ownership and copyright to the offer and the associated documents. Disclosure, publication, reproduction or implementation by third parties is not permitted.

2.2. We reserve the right to make changes to the respective item described or illustrated at any time and without special notice, provided that its essential characteristics remain unchanged. In the event of calculation or printing errors in the offer, we reserve the right to make corrections.

3. Acceptance of Orders:

3.1. An order shall be deemed accepted when we confirm acceptance of the order in writing, carry out the delivery or service, or commence performance of the service or delivery.

4. Prices, Transfer of Risk:

4.1. We shall be bound by the prices contractually agreed for our deliveries or services in accordance with the order confirmation.

4.2. Shipping shall be at the buyer’s expense. The buyer shall choose the shipping method. If we do not receive shipping instructions from the buyer, we shall select the most economical delivery method.

5. Delivery:

5.1. Delivery times or production dates shall only be binding if provided or confirmed by us in writing. The stated delivery periods are specified conscientiously based on the prevailing circumstances and shall be adhered to wherever possible. The delivery period shall be deemed to have been met if, by the end of the delivery period, the goods have left the factory or dispatch warehouse, or, where shipment is possible, notification of readiness for dispatch has been given.

5.2. Official orders or measures, force majeure, strikes, lockouts, traffic and operational disruptions, shortages of raw materials and any other impediment to delivery shall release us from our obligation to perform for the duration of the impediment. If the impediment is not expected to cease within a foreseeable period, we shall be entitled to restrict or discontinue delivery or to withdraw from the contract in whole or in part, without the buyer being entitled to claims for subsequent delivery or damages. We shall inform the purchaser without delay of any restriction of delivery or partial withdrawal from the contract. The purchaser shall have the right to refuse performance of the remaining obligations if the partial delivery is of no value to them.

5.3. If we exceed the agreed delivery period, the customer shall have the right to set a grace period of two weeks by registered letter and, upon expiry of this period, to withdraw from the contract.

5.4. If the customer breaches a legally valid contract or prevents the proper delivery of the ordered goods or the performance of a service, the contractor shall be entitled to claim the costs incurred up to that point or a lump-sum compensation amounting to 30% of the contract value in the event of withdrawal from the contract.

5.5. If properly delivered goods are not accepted by the buyer, we shall be entitled to charge the buyer for any costs or damages resulting from this.

5.6. If a delivery date specified by the purchaser is postponed by the purchaser by more than 3 days, we shall be entitled to issue the invoice with the originally agreed delivery date. The payment period shall commence from this date, regardless of whether the delivery has taken place or not.

6. Warranty:

6.1. Complaints regarding deliveries or services by merchants or comparable institutions may only be submitted in writing within eight days of receipt of the goods. If the notice of defect is submitted within the required period, the purchaser shall be entitled to rectification or free replacement delivery at our discretion. Any further warranty or claims for damages are excluded in all cases.

6.2. Non-merchants must notify us in writing of obvious defects within eight days. Statutory provisions shall apply to hidden defects. In the event of justified defects, we shall have the right, at our discretion, to rectify the defect or provide a replacement. Only after two unsuccessful attempts shall the purchaser be entitled to demand cancellation of the purchase contract or a reduction in the remuneration.

6.3. In all other respects, the following shall also apply to this group of persons: claims for damages against us, regardless of the legal basis, may only be asserted if any damage is based on an intentional or grossly negligent breach of contract. This shall apply in particular to consequential damages caused by defects. We accept no liability for incorrect product descriptions, incorrect technical data or incorrect instructions for use provided by our suppliers.

6.4. In all other respects, the applicable statutory provisions shall apply.

6.5. In order to substantiate warranty claims and any guarantee claims, the purchaser shall be obliged to present proof of the guarantee together with the invoice when asserting such claims.

6.6. Deliveries made by freight forwarder must be inspected for damage upon receipt and any damage must be noted on the carrier’s delivery documents. In general, deliveries should be accepted subject to reservation regarding possible damage.

7. Payment, Delay:

7.1. Unless other payment terms are specified on an invoice, all invoice amounts shall be paid in accordance with the payment terms stated in the offer, order confirmation or invoice.

7.2. We do not accept bills of exchange.

7.3. If, after conclusion of the contract, justified concerns arise regarding the purchaser’s creditworthiness or financial circumstances, we shall be entitled, at our discretion, to demand advance payment or security from the purchaser within one week. Alternatively, we shall have the right to suspend execution of the order and demand immediate settlement. In the event of refusal, we shall be entitled to withdraw from the contract. In this case, the customer shall not be entitled to claim damages.

7.4. In the event of payment default, default interest of 12% p.a. shall become due. In relation to merchants, interest on arrears at the same rate shall be charged from receipt of the goods or, where applicable, from the agreed due date, provided that the transaction constitutes a commercial transaction between both parties.

7.5. All our claims shall become immediately due in full – including in the event of deferred payment – as soon as the purchaser defaults on the fulfilment of one or more obligations, suspends payments, becomes over-indebted, insolvency or composition proceedings are opened against their assets, or the opening of such proceedings is rejected due to insufficient assets. In the above cases, we shall be entitled to demand the return of goods subject to retention of title and to withdraw from the contract.

8. Retention of Title:

8.1. We retain ownership of the delivered goods until all our claims arising from the business relationship have been paid in full, including claims arising from previous deliveries or services. The purchaser may dispose of goods subject to retention of title unless such goods have been delivered to them for a specific purpose that prevents such disposal.

8.2. If goods subject to retention of title are seized, the purchaser must immediately inform us comprehensively and notify the third party of our rights. Any costs arising from our intervention shall be borne by the purchaser.

9. Contractual Provisions:

9.1. All ancillary agreements and amendments to the contract shall only be valid if made in writing.

9.2. The contract and our terms and conditions shall remain valid even if individual provisions are or become invalid.

9.3. The place of performance and place of jurisdiction for both parties shall be the registered office of our commercial establishment. This shall also apply to all obligations arising from bills of exchange and cheques.

9.4. The place of jurisdiction shall be the court having subject-matter jurisdiction for ABC Betten-Competenz GmbH.